Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th December, 2021.

I, LEO VARADKAR, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) (as amended by section 2 of the European Communities Act 2007 (No. 18 of 2007)) and for the purpose of giving further effect to the Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), and the protocol of signature thereto done at Geneva on 30 September 1957, and the amending protocol thereto adopted at Geneva on 28 October 1993, Council Directive 95/50/EC of 6 October 1995¹ , and Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008² (insofar as that Directive relates to the transport of dangerous goods by road), as amended by Commission Delegated Directive (EU) 2020/1833 of 2 October 2020³ (insofar as that Directive relates to the transport of dangerous goods by road), hereby make the following regulations:

Citation

1. (1) These Regulations may be cited as the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) Regulations 2021.

(2) The European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 to 2019 and these Regulations may be cited together as the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 to 2021.

(3) In these Regulations –

“Principal Regulations” means the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 ( S.I. No. 349 of 2011 ); and-

2. Regulation 2(1) of the Principal Regulations is amended—

(1) by substituting for the definition of “ADR” the following:

““ADR” means the Agreement Concerning the International Carriage of Dangerous Goods by Road, the Annexes to it and the protocol of signature thereto done at Geneva on 30 September 1957, as amended, in the version applicable as from 1 January 2021;”

(2) by substituting for the definition of “Minister” the following:

““Minister” means the Minister for Enterprise, Trade and Employment;”, and

(3) by substituting for the definition of “the Directive” the following:

““the Directive” means Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 as amended by Commission Delegated Directive (EU) 2020/1833 of 2 October 2020;”

(4) by deleting “Part 1 or Part 2 of” from the definition of “vehicle certificate of approval (national transport only)”.

3. Regulation 38(1) of the Principal Regulations is amended by deleting the word “European” where it appears before the word “Agreement”.

GIVEN under my Official Seal,

15 December, 2021.

LEO VARADKAR,

Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations transpose the provisions of Commission Delegated Directive (EU) 2020/1833 of 2 October 2020 amending the Annexes to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods to take into account scientific and technical progress (insofar as that Directive relates to the transport of dangerous goods by road).

The Regulations also give further effect to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008.

These Regulations may be cited as the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) Regulations 2021.

These Regulations amend for the ninth time the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 ( S.I. No. 349 of 2011 ) and can be cited together with all previous amending statutory instruments as the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 to 2021.

1 OJ L249, 17.10.1995, p.35.

2 OJ L260, 30.09.2008, p. 13.

3 OJ L408, 4.12.2020, p. 1.